Part 7

Derivative contracts
Chapter 8

Further provision about chargeable gains and derivative contracts

Treatment of shares acquired in certain circumstances

Shares acquired on exercise of non-embedded option
667
1
This section applies if—
a
a company is a party to a derivative contract in an accounting period,
b
the derivative contract is a plain vanilla contract,
c
the contract is an option,
d
rights to acquire shares are comprised in the contract, and
e
shares are acquired as a result of the exercise of any of those rights in the accounting period.
2
For the purpose of calculating any chargeable gain accruing to the company on a disposal by it of all the shares so acquired, the sums allowable as a deduction under section 38(1)(a) of TCGA 1992 (acquisition costs) are—
a
if G exceeds L, increased by the amount of that excess,
b
if L exceeds G, reduced by the amount of that excess,
and, in the case of a part disposal of those shares, section 42(2) of that Act (part disposals) has effect accordingly.
3
If the amount of the excess in subsection (2)(b) is greater than the amount of expenditure allowable under section 38(1)(a) of TCGA 1992, the amount of the excess which cannot be deducted from the expenditure so allowable is, for the purpose mentioned in subsection (2), added to the amount of the consideration for the disposal of the shares.
4
For the meaning of G and L, see section 669.
Pt. 7 modified (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 88(1)(2)(7) (with s. 147, Sch. 17)
Pt. 7 modified by 2007 c. 3, s. 809FZZ(8) (as inserted (with effect in accordance with s. 37(4) of the amending Act) by Finance Act 2016 (c. 24), s. 37(2))
Pt. 7 modified (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), ss. 601, 1184(1) (with Sch. 2)